EX-99.H 8 accessorclasss_ex99-h7.txt EXHIBIT 99(H)(7) - FUND ACCOUNTING AGMT FIRST AMENDMENT TO FUND ACCOUNTING AND SERVICES AGREEMENT DATED SEPTEMBER 4, 2001, BY AND AMONG ACCESSOR FUNDS, INC., ACCESSOR CAPITAL MANAGEMENT LP AND ALPS MUTUAL FUNDS SERVICES, INC. THIS AMENDMENT is made as of December 31, 2002, by and between Accessor Funds, Inc., a corporation established under the laws of the State of Maryland (the "Fund"), Accessor Capital Management LP, a Washington limited partnership ("Accessor"), and ALPS Mutual Funds Services, Inc., a Colorado corporation ("ALPS"). WHEREAS, the Fund, Accessor and ALPS have entered into a Fund Accounting and Services Agreement (the "Agreement") dated September 4, 2001; WHEREAS, effective October 21, 2002, ALPS has moved to 1625 Broadway, Suite 2200, Denver, Colorado 80202; WHEREAS, effective December 31, 2002, an additional class of shares for each Portfolio of the Fund was created; and WHEREAS, in light of the foregoing, the Fund, Accessor, and ALPS wish to modify the provisions of the Agreement to reflect ALPS' new address and the additional class of shares for each Portfolio, and the resulting increase of the fee paid to ALPS. NOW, THEREFORE, the parties hereto, intending to be legally bound, agree as follows: 1. ALPS' Address. All references to ALPS' address as 370 17th Street, Suite 3100, Denver, Colorado 80202 within the Agreement shall be replaced with 1625 Broadway, Suite 2200, Denver, Colorado 80202. 2. Appendix A. Appendix A of the Agreement shall be replaced with Appendix A, attached hereto and incorporated herein by reference. 3. Appendix C. Appendix C of the Agreement shall be replaced with Appendix C, attached hereto and incorporated herein by reference. 4. Miscellaneous. Other than as amended hereby, all terms and conditions of the Agreement are unchanged and remain in full force and effect. This Amendment shall be deemed to be an amendment to the Agreement and shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, this Amendment has been executed by a duly authorized representative of each of the parties hereto as of the date of the Amendment first set forth above. ACCESSOR FUNDS, INC. By: ----------------------------------- Name: --------------------------------- Title: -------------------------------- ACCESSOR CAPITAL MANAGEMENT LP By: ----------------------------------- Name: --------------------------------- Title: -------------------------------- ALPS MUTUAL FUNDS SERVICES, INC. By: ----------------------------------- Name: Jeremy O. May Title: Senior Vice President APPENDIX A ACCESSOR FUNDS Actively Managed Funds Growth Fund Investor, Adviser and C Classes Value Fund Investor, Adviser and C Classes Small to Mid Cap Fund Investor, Adviser and C Classes International Equity Fund Investor, Adviser and C Classes High Yield Fund Investor, Adviser and C Classes Intermediate Fixed-Income Fund Investor, Adviser and C Classes Short-Intermediate Fixed-Income Fund Investor, Adviser and C Classes Mortgage Securities Fund Investor, Adviser and C Classes U.S. Government Money Fund Investor, Adviser and C Classes Allocation Funds Accessor Income Allocation Fund Investor, Adviser and C Classes Accessor Income & Growth Allocation Fund Investor, Adviser and C Classes Accessor Balanced Allocation Fund Investor, Adviser and C Classes Accessor Growth & Income Allocation Fund Investor, Adviser and C Classes Accessor Growth Allocation Fund Investor, Adviser and C Classes Accessor Aggressive Growth Allocation Fund Investor, Adviser and C Classes APPENDIX C FEES AND EXPENSES BASE FEE (CALCULATED DAILY, PAYABLE MONTHLY) Combined assets of all portfolios: annual fee of the greater of * $360,000; or * .0275% (2.75 basis points) of combined average daily net assets of all portfolios up to $1 billion, and .02% (2 basis points) thereafter. OUT-OF-POCKET EXPENSES Securities Pricing